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B.C. top court rejects Trans Mountain pipeline challenges by Squamish Nation and Vancouver

Two court cases challenging the Trans Mountain expansion have failed in the Supreme Court of British Columbia.
BC Supreme Court
B.C. Supreme Court

Two court cases challenging the Trans Mountain expansion have failed in the Supreme Court of British Columbia.

Justice Christopher Grauer released decisions on the two cases – one by the City of Vancouver and one by the Squamish Nation – Thursday morning.

In both cases, defendants asked the court to dismiss a decision by the previous B.C. Liberal government’s environment ministry to issue an environmental assessment certificate for the pipeline expansion. Both the City of Vancouver and the Squamish Nation argued the B.C. government failed to properly consult the public before issuing a certificate.

In his rulings, Grauer said his decisions were not about approving the pipeline but whether or not the province followed its own administrative laws regarding an EAC.

 “This case is not about whether the TMX (Trans Mountain expansion) should or should not go ahead. It is not about whether the TMX is in the national interest, or presents an unacceptable risk of environmental harm,” he wrote in the Squamish ruling. “This case is not about the adequacy of the consultation that was undertaken through the National Energy Board [NEB] and federal cabinet … These are questions under consideration by higher courts than this one.

B.C. Attorney General David Eby said the government is reviewing the decisions.

“Our government has taken a balanced approach to defending our environment and our economy while fulfilling our legal obligations and respecting the rule of law,” he said in a press release. “The court has made it clear that these rulings have no bearing on the ongoing federal Court of Appeal case challenging the federal approval of the project.”